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ASSESSMENTS
Afghanistan
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Court Proceedings:2013
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Date
Incidents
January - 4 
The Supreme Court has issued a show-cause notice to the President Ram Baran Yadav for invoking Article 38 (1) of the Interim Constitution towards forming a national consensus government, reports Nepal News. The notice is issued in response to a writ filed by Dilliram Guragain and Laxmi Subedi who st
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The Supreme Court has issued a show-cause notice to the President Ram Baran Yadav for invoking Article 38 (1) of the Interim Constitution towards forming a national consensus government, reports Nepal News. The notice is issued in response to a writ filed by Dilliram Guragain and Laxmi Subedi who stated that the Article 38 (1) be not invoked at a time when there was no parliament. The SC has asked the President, his office, Prime Minister’s Office and the Office of the Council of Ministers to furnish the clarifications in writing within 15 days.
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March - 1 
Meanwhile, the Supreme Court on March 1 (today) rejected a contempt of court case brought against Chief Justice Khil Raj Regmi, saying that the petitioner made a subjective interpretation of the Chief Justice’s press statement in which the Chief Justice had said he was positive about accepting four
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Meanwhile, the Supreme Court on March 1 (today) rejected a contempt of court case brought against Chief Justice Khil Raj Regmi, saying that the petitioner made a subjective interpretation of the Chief Justice’s press statement in which the Chief Justice had said he was positive about accepting four political forces’ offer to lead an interim council of ministers, reports The Himalayan Times. Joint-registrar Nahakul Subedi passed the rejection order.
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March - 15 
Meanwhile, the Geneva-based International Commission of Jurists (ICJ) on March 15 urged newly appointed head of the interim election Government Khil Raj Regmi to step down as Chief Justice "so as to preserve the independence of the judiciary and the rule of law". In a statement issued by Ben Schonve
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Meanwhile, the Geneva-based International Commission of Jurists (ICJ) on March 15 urged newly appointed head of the interim election Government Khil Raj Regmi to step down as Chief Justice "so as to preserve the independence of the judiciary and the rule of law". In a statement issued by Ben Schonveld, ICJ’s South Asia Director in Kathmandu said “The Supreme Court under the leadership of Chief Justice Khil Raj Regmi, has demonstrated a strong commitment to upholding the rule of law and protecting human rights in Nepal.” He added, “To preserve the Nepali judiciary’s hard-won independence, the Chief Justice should step down from his post as soon as he assumes his position at the top of the Executive Branch.” “Appointing the serving Chief Justice to act as Chairperson of the Council of Ministers throws the country into uncharted constitutional waters. This agreement obliterates the line between the executive and the judiciary,” Schonveld added.”
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March - 18 
The Supreme Court (SC) on March 18 ordered Chief Justice (CJ) Khil Raj Regmi to limit his role to chairman of the Interim Election Council for the time being, reports Myrepublica.com. After hearing on a writ petition filed by advocates Chandrakanta Gyawali and Om Prakash Aryal, a single bench of ju
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The Supreme Court (SC) on March 18 ordered Chief Justice (CJ) Khil Raj Regmi to limit his role to chairman of the Interim Election Council for the time being, reports Myrepublica.com. After hearing on a writ petition filed by advocates Chandrakanta Gyawali and Om Prakash Aryal, a single bench of justice Girish Chandra Lal issued an interim order stating that Regmi should work only as the head of the Interim Election Council till the latter enjoys that post so that it will not affect the jurisdiction of the independent judiciary. The SC said Regmi should be identified only as the chairman of the Interim Election Council for the time being as he will not have any role in the capacity of Chief Justice at the same time.
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April - 16 
The Supreme Court (SC) on April 16 ordered the Interim Election Council and the Election Commission (EC) to form a Constituency Delimitation Commission to delineate the election constituencies afresh, reports Nepalnews.com. The apex court’s order comes at a time when Madhesi political parties are th
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The Supreme Court (SC) on April 16 ordered the Interim Election Council and the Election Commission (EC) to form a Constituency Delimitation Commission to delineate the election constituencies afresh, reports Nepalnews.com. The apex court’s order comes at a time when Madhesi political parties are threatening to boycott the upcoming election if the Government tries to hold it without first delineating the election constituencies anew.
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September - 26 
The Supreme Court (SC) on September 26 ordered the government and the Election Commission (EC) to not allow convicted persons from contesting Constituent Assembly elections, reports Nepal News. A special bench of Justice Susheela Karki, Girish Chandra Lal, and Prakash Wosti issued an order to this e
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The Supreme Court (SC) on September 26 ordered the government and the Election Commission (EC) to not allow convicted persons from contesting Constituent Assembly elections, reports Nepal News. A special bench of Justice Susheela Karki, Girish Chandra Lal, and Prakash Wosti issued an order to this effect in response to a writ petition filed at the SC against the Prime Minister’s Office and the EC demanding that the murder convicts as well as those against whom charges of heinous crimes have been framed by a court of law be debarred from contesting the Constituent Assembly (CA) polls. The SC also scrapped the September 23 stay order by SC Justice Tarka Raj Bhatta that effectively allowed murder convicts to contest elections. The latest SC verdict has now barred all murder convicts, including Unified Communist Party of Nepal-Maoist (UCPN-M) leader Bal Krishna Dhungel, to file candidacy for the November 19 elections to the second CA.
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November - 14 
the Supreme Court (SC) on November 14 issued an interim order directing the poll-opposing alliance of 33 political parties led by CPN-Maoist-Baidya to call off the 10-day long strike, reports Kantipuronline.com. Responding to a petition against the 10-day bandh (shut down) called by the poll-opposin
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the Supreme Court (SC) on November 14 issued an interim order directing the poll-opposing alliance of 33 political parties led by CPN-Maoist-Baidya to call off the 10-day long strike, reports Kantipuronline.com. Responding to a petition against the 10-day bandh (shut down) called by the poll-opposing alliance, a single bench of Justice Ram Kumar Prasad Shah said no party has the right to infringe on the people's right to vote without fear as guaranteed by the constitution noting “One has every right to stay away from the vote, but one cannot infringe on the rights of others.”
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December - 31 
The Supreme Court (SC) on December 31 directed the Government to attend a hearing on January 8 on whether to issue a stay order against it to let President Ram Baran Yadav summon the first meeting of the Constituent Assembly (CA), reports The Himalayan Times. The Government has maintained that Chair
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The Supreme Court (SC) on December 31 directed the Government to attend a hearing on January 8 on whether to issue a stay order against it to let President Ram Baran Yadav summon the first meeting of the Constituent Assembly (CA), reports The Himalayan Times. The Government has maintained that Chairman Khil Raj Regmi should summon the first meeting. It has said that a presidential inauguration is not possible without suitable amendments to the Interim Constitution. Political parties, on the other hand, want President Ram Baran Yadav to summon the first CA meeting. A single bench of Justice Tarka Raj Bhatta issued the order following a hearing.
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